What's happening
This bill allows individuals to voluntarily waive and later revoke their right to purchase firearms, rifles, or shotguns in New York.
Why it matters
Empowers individuals to proactively protect themselves. by voluntarily restricting their future access to firearms, rifles, or shotguns if they are concerned about their own risk (e.g., mental health crises, suicidal ideation, or other personal safety concerns).
Ensures privacy and limits potential discrimination. by making waiver records strictly confidential—these cannot be accessed or used in matters of employment, health care, education, housing, insurance, government benefits, or contracting.
Provides a clear and controlled process for both waiving and reinstating rights. , including identity verification, a mandatory 21-day waiting period after revocation, and optional notification of a designated contact if the waiver is revoked, which can support personal safety planning.
Integrates with existing background check systems. , ensuring that voluntary waivers are recognized during firearm purchase checks and enhancing the effectiveness of self-imposed restrictions within the current regulatory framework.
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Who cares
Individuals seeking to block their own gun purchases
They could voluntarily waive their right to buy firearms, rifles or shotguns, with removal of the restriction 21 days after State Police receive a revocation.
New York State Police
The agency would verify identities, maintain waiver and revocation records, and enter waivers into purchaser-screening systems within 24 hours of receipt.
Firearms dealers
Purchaser-screening systems would identify people who file voluntary waivers as prohibited purchasers until their waivers are revoked and the waiting period ends.
Employers and benefits or service providers
They could not require a waiver as a condition of employment, benefits or services, and waiver records would be confidential.
Headline styles
Let People Waive Gun Rights
Plain English, a few words. Used as the page title.
Sponsors
History
- Advanced to third reading cal.347
- Reported
- Referred to codes
- Reported referred to rules
- Reported referred to codes
- Print number 198a
- Amend and recommit to governmental operations
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let People Opt Out of Guns
In Assembly Committee · Codes · Sponsor Brian Kavanagh
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
198--A
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. PAULIN, DINOWITZ, SEAWRIGHT, LUPARDO, OTIS, K. BROWN, BORES, MEEKS -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to establishing a voluntary waiver of the right to purchase firearms, rifles, or shotguns
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 221-e to read as follows:
§ 221-e. Voluntary waiver of right to purchase firearms, rifles, or shotguns. 1. An individual may file a voluntary waiver of the right to purchase a firearm, rifle or shotgun with the division of state police, in a manner that shall be determined by the superintendent. Such individual shall then be prohibited from purchasing firearms, rifles and shotguns. The division of state police shall verify the individual's identity prior to accepting such form. The individual filing the waiver may provide an additional individual to be contacted if the waiver is revoked as set forth in subdivision three of this section.
2. The division of state police shall maintain statewide records of individuals who waive the right to purchase firearms, rifles or shotguns as set forth in subdivision one of this section and revocations of such waivers as set forth in subdivision three of this section. Such records shall be maintained for internal use in a manner determined by the superintendent. The division of state police shall enter each waiver into the New York state national instant criminal background check system and any other state computer-based systems used by law enforcement agencies or others to identify prohibited purchasers of firearms, rifles and shotguns within twenty-four hours of receipt of the waiver.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01026-02-5
3. An individual may file a revocation of the waiver with the division of state police in a form that shall be determined by the superintendent. The division of state police shall verify the individual's identity prior to accepting such revocation. Twenty-one days after receiving the revocation, the division of state police shall remove the individual from the New York state national instant criminal background check system and any other state computer-based systems used by law enforcement agencies or others to identify prohibited purchasers of firearms, rifles and shotguns, to indicate that the individual is no longer a prohibited purchaser of firearms, rifles or shotguns due to the voluntary waiver.
4. A waiver pursuant to this section may not be required of an individual as a condition for receiving employment, benefits or services.
5. No records required by this section shall be subject to disclosure and shall be confidential with respect to all matters involving health care, employment, education, housing, insurance, government benefits, and contracting.
6. Any information about an individual that is contained in, or transmitted to, the division of state police shall not be used for any purpose other than to determine the eligibility of the individual to receive a firearm.
7. Any person who knowingly makes a false statement or representation regarding such person's identity when submitting a voluntary waiver of the right to purchase a firearm, rifle or shotgun shall be guilty of offering a false instrument for filing in the second degree, as defined by section 175.30 of the penal law.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.